EXECUTIVE SUMMARY
WEST VIRGINIA DEPARTMENT OF EDUCATION
Policy Number and Title:
Policy 2525: West Virginia’s Universal Access to a Quality Early
Education System
Background:
West Virginia’s Universal Pre-K program continues to offer a comprehensive system for fouryear-old children and three-year-old children as mandated under state and federal law. Our state
continues to lead the nation with pre-k programs designed to ensure best practices for pre-k children.
During the 2016 legislative session, Senate Bill 146 was signed into law. The passage of SB 146 amends
W.Va. Code §18-5-44. Early childhood education programs, from requiring county boards of education
to provide pre-k programs from full day, five days per week to a more flexible program option, which
includes at least fifteen hundred minutes per week and forty-eight thousand minutes of instruction per
year. The amendment is effective July 1, 2016. The policy revision remains aligned with WVBE Policies
4320: Child Nutrition Programs and WVBE policy 4321.1 Standards for School Nutrition. West Virginia
Universal Pre-K maintains a unique collaborative approach. Through stakeholder input, some minor
revisions have been requested to support continued collaborative efforts among county early childhood
collaborative teams and reflect current practices in place across pre-k.
Proposals:
Policy 2525 is being recommended for revision and will include the following sections:
§126-28-4. County Collaborative Early Childhood Team.
Revisions to the county collaborative early childhood team section include new program operation
requirement based on changes to W.Va. Code §18-5-44. Early childhood education program. This
section also includes clarification to existing language already included in the section in the previous
policy.
§126-28-10. Transitions.
Revisions were made to this section to include the current transition toolkit in place.
§126-28-11. Meals.
Revisions to the meals section include requirements based on WVBE Policies 4320: Child Nutrition
Programs and WVBE policy 4321.1 Standards for School Nutrition.
§126-28-18. Program Assessment and Continuous Quality Improvement.
Revisions shifted deadlines for county data submission to allow adequate time to gather information after
the beginning of each school year.
§126-28-21. Glossary.
Definitions were revised to align with policy changes.
Impact:
The proposed revisions to Policy 2525 will increase equitable services across all county pre-k programs in
comparison to current program requirements. The proposed changes will increase the minimum
requirements from fourteen hours per week to twenty-five hours per week. Changes to requirements for
meals will ensure that each child has two meals per day. Additional changes will support local programs
in aligning services with partners.
-------------------------------------------------------------------------------------------------------------------Response to Comments:
WVBE Policy 2525 – 2016 Revision Stakeholders
Stakeholders
Clayton Burch
Division of Teaching and Learning, WVDE
Janet Bock-Hager
Office of Early Learning, WVDE
Ginger Huffman
Office of Special Programs, WVD
Tricia Haynes
Division of Early Care and Education, WVDHHR
Rhonda Fisher
Office of Early Learning, WVDE
Monica DellaMea
Office of Early Learning, WVDE
LaDonna Rosencrance County Pre-K Coordinator, Randolph County
Morna Greene
Braxton County Pre-K/Head Start
Carla Mauser
Braxton County Pre-K/Head Start
Sarah Keiper
Pre-K Coordinator, Nicholas County
Lori Milam
Nicholas County CAP
Tracy Sayre
Office of Child Nutrition, WVDE
Becky Gooch-Erbacher WV Head Start Association President
Tammy Clarkson
Jackson County Schools
Wesley Ezell
Doddridge County Schools
Karen Browning
Director, Coalfield CAP Head Start
Melissa Colagrosso
Director, A Place To Grow Children’s Center
Jeannette Barker
Director, Playmates Child Care Center
Linda St. Clair
Office Child Nutrition, WVDE
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TITLE 126
PROCEDURAL RULE
BOARD OF EDUCATION
SERIES 28
WEST VIRGINIA’S UNIVERSAL ACCESS TO A QUALITY EARLY EDUCATION SYSTEM
(2525)
§126-28-1. General.
1.1. Scope. -- This procedural rule establishes the criteria for approving and operating programs for
four-year-old children and three-year-old children as mandated under federal law and herein after is
referred to as West Virginia Universal Pre-K (hereinafter WV Pre-K).
1.2. Authority. -- W. Va. Constitution, Article XII, §2 and W. Va. Code §§16-3-4, 18-2-5, 18-2E-1 et
seq., 18-5-17, 18-5-18c, and 18-5-44. All requirements of this policy are mandated components unless
otherwise noted.
1.3. Filing Date. – October 15, 2015.
1.4. Effective Date. – November 16, 2015.
1.4.1.
Unless specified otherwise within the policy.
1.5. Repeal of former rule. -- This rule amends W. Va. 126CSR28, West Virginia Board of Education
(hereinafter WVBE) Policy 2525, West Virginia’s Universal Access to a Quality Early Education System
(hereinafter Policy 2525), filed June 13, 2014, and effective July 14, 2014.
§126-28-2. Guidelines.
2.1. WV Pre-K classrooms shall:
2.1.a. be voluntary;
2.1.b. be readiness programs designed to meet the needs of all eligible children through a holistic
approach, including key developmental domains of health and physical development, social and
emotional development, language development and communication, cognition and general knowledge,
and a child’s individual approaches to learning;
2.1.c. maximize existing community, state and federal resources;
2.1.d. be inclusive of all children;
2.1.e. incorporate meaningful ways of communicating with and involving parents/guardians;
2.1.f. be an integral part of a comprehensive West Virginia birth to kindergarten system of
education and care;
2.1.g. take place in safe and healthy environments;
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2.1.h. establish staffing requirements and class size according to recommended guidelines;
2.1.i. deliver content through the chosen approved curricular framework and the West Virginia
Early Learning Standards Framework W. Va. 126CSR44O, WVBE Policy 2520.15, Early Learning
Standards Framework Content Standards and Learning Criteria for West Virginia Pre-Kindergarten
(hereinafter Policy 2520.15);
2.1.j. utilize state approved curricular frameworks and assessments to inform and individualize
instruction;
2.1.k. build on what children already know in order to consolidate their learning and foster
acquisition of new concepts and skills through hands-on active exploration of their learning environment,
problem solving, communication, creativity, and use of their imaginations;
2.1.l. view children within the context of their family;
2.1.m. employ staff with strong professional education preparation in child development and early
childhood education; and
2.1.n. utilize a comprehensive continuous quality improvement process that includes the
compiled classroom observational measurements and aggregated child outcome data, to evaluate
program success and develop school readiness goals.
§126-28-3. School Readiness.
3.1. School readiness is a process of assuring children have access to the best available resources
prior to entering first grade. Available resources support children and their families, and focus on
maximizing children’s holistic development from birth. Acknowledging that each child’s development is
significantly impacted by previous experiences, school readiness also entails the capacity of schools and
programs to welcome families and be prepared to serve all children effectively within the developmental
domains of health and physical development, social and emotional development, language and
communication, cognition and general knowledge, and individual approaches to learning.
3.2. To support school readiness efforts and assure the use of developmentally effective methods for
children prior to entering first grade, the Ready, Set, Go! West Virginia Comprehensive Framework for
School Readiness is utilized in West Virginia. This comprehensive framework includes an approach that
focuses on how the state and local communities, schools, and programs can offer support and resources
for families and children prior to and during their transition into school. Programs serving children in
Early Learning Readiness grades (WV Pre-K and Kindergarten) also provide opportunities for children to
build solid foundations and positive dispositions to learning.
§126-28-4. County Collaborative Early Childhood Team.
4.1. Each county must establish a county collaborative early childhood team, which includes a core
team with, at a minimum, representation from the county school system preschool program, the county
school system preschool special needs program, a licensed community childcare program in that county
not operated by the county school system, and the Head Start program in that county. A representative
from the local department of health and human resources and/or child care resource and referral agency
shall be included in the core team when there is no licensed community child care representative. The
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licensed childcare programs in the county will elect a representative to serve on the county collaborative
early childhood core team.
4.2. The county collaborative early childhood core team shall annually assess the composition of the
full county collaborative early childhood team, which should include a parent/guardian of a preschool
child, representative(s) from the West Virginia Birth to Three System Regional Administrative Unit,
local department of health and human resources, child care resource and referral agency, school health
representative, classroom teachers, Family Resource Networks, Parent Education Resource Center,
Starting Points, faith based early childhood program providers, and/or other community organizations and
persons interested in, knowledgeable of, or who provide support or education to young children and their
families. Due to the nature of childcare, every licensed childcare program in the county must be extended
an invitation to participate on the collaborative team. The county must keep on file a list of invitees.
4.3. Each county early childhood collaborative team shall meet regularly throughout the year to
ensure that the following outcomes are met:
4.3.a. Joint decisions are made about the location of WV Pre-K classrooms including Preschool
Special Education classes;
4.3.b. Joint decisions are made about responsibilities for sharing resources and information for
each classroom, including but not limited to staffing, facilities, food service and transportation;
4.3.c. Joint decisions are made concerning program availability, including hours of instruction
per day, days of operation, and a WV Pre-K school calendar, which must be approved by the county
board of education annually.
4.3.d. Joint decisions are made to establish a county wide universal enrollment process and
attendance guidelines;
4.3.e. Services for children with identified special needs are provided in a least restrictive
environment according to the requirements of that child’s Individualized Education Program (hereinafter
IEP);
4.3.f. Joint decisions are made concerning adoption and implementation of a WV Pre-K
Approved Curricular Framework and, if applicable, selection and use of supplemental materials/curricula
enhancement;
4.3.g. Joint decisions are made to design and implement a continuous quality improvement
process that includes annual plans for data collection to assist in developing school readiness goals;
4.3..h. Joint decisions are made to design and implement school readiness goals and transition
plans; ;
4.3.i. Joint decisions are made to establish and maintain a dispute resolution process to ensure a
mechanism for resolving disputes in order to support WV Pre-K program outcomes.
4.4. Any member of the county collaborative early childhood team All programs participating in
universal pre-k who will provide services to eligible children in that county must follow all rules and
regulations as outlined in this policy. The contract/agreement between the collaborating agencies must
address how the collaborative partner will assure compliance with all applicable regulations and
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standards. It is the responsibility of the collaborative partners to ensure that the staff and administrators
receive professional development related to the policies and regulations of all the collaborative partners.
4.4.a. Each pre-k classroom, including preschool special needs classrooms, must provide at least
fifteen hundred minutes of instruction per week and forty-eight thousand minutes of instruction annually.
The pre-k instructional day is inclusive of all required elements of the daily schedule. Programs may
operate on a four or five day model to meet annual and weekly operational requirements. Programs
opting to operate on a four day model must offer no less than 128 days of instruction per year. Programs
opting to operate for on a five day model must offer no less than 160 days of instruction per year. The
pre-k school calendar must be approved by the county boards of education annually.
4.4.b. A collaborative contract must be completed and signed annually by the local education
agency and each collaborative partner to illustrate agreement of terms for pre-k program implementation.
The collaborative contract between agencies must address how the collaborative partner will assure
compliance with all applicable regulations and standards. It is the responsibility of the collaborative
partners to ensure that the staff and administrators receive professional development related to the policies
and regulations of all the collaborative partners.
4.4.c. A budget and cost allocation worksheet must be completed for each collaborative pre-k
classroom as part of the collaborative contract to illustrate specific costs and allocations of contracts.
4.4.a.d. In collaborative classrooms where community partners have regulations such as the Head
Start Performance Standards or West Virginia Department of Health and Human Resources (hereinafter
WVDHHR) Childcare Center Licensing, these regulations shall apply in addition to Policy 2525.
4.4.b. Each preschool classroom must operate a minimum of 14 hours per week during the
school year calendar. Each WV Pre-K classroom must be offered no less than 128 instructional days per
school year. Beginning with the school year 2016-2017, programs shall provide an instructional day of
300 minutes for WV Pre-K, inclusive of all required elements of the daily schedule, five days per week.
The WV Pre-K school calendar shall be offered no less than 160 instructional days per year. The WV PreK school calendar must be approved by the county board of education annually;
4.4.b.1. A classroom within a program may be for fewer than five days per week and
may be less than full day based on family need if a sufficient number of families request such a program
and the county board finds that such programs are in the best interest of the requesting families and
students: provided, that the ability of families to request programs that are fewer than five days a week or
less than a full day does not relieve the county of the obligation to provide all children with the
opportunity to enroll in a full-day program;
4.4.c.c. Community programs that are exempt from childcare center licensing under W. Va. Code
§49-2B-3(e)(1) must be licensed in order to participate in WV Pre-K unless they are located in an
approved county board of education site.
4.5. Counties must maximize early childhood resources by collaborating with existing programs
within the county before opening new classrooms operated solely by the county board of education as
required by W. Va. Code §18-5-44. No less than 50% of the classrooms for eligible children must be
provided through contractual agreements with community programs, including but not limited to Head
Start and childcare, unless the county collaborative early childhood team can document that those
programs do not exist in that county, cannot meet the mandates of this policy, or choose not to participate.
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4.5.a. In an instance when the county board of education is the Head Start grantee, those settings
are considered part of the mandate for collaboration; however, the collaboration does not fulfill these
requirements for collaboration with community partners if those partners are available.
4.5.b. Each county board of education must have an approved county plan on file at the West
Virginia Department of Education (hereinafter WVDE), which has been approved by the Secretary of
WVDHHR and WVBE that reflects meaningful involvement of the county collaborative early childhood
team and implementation of the WV Pre-K program prior to 2012-13.
4.5.c. All changes of substance to the approved county collaborative plan or approved universal
WV Pre-K program structure after 2012-13 must be submitted as an addendum to the WVDE with
signatures of all the required county collaborative early childhood core team members for review and
approval 30 days prior to the implementation of the changes. Changes of substance refer to program
changes including, but not limited to classroom locations, operation, curriculum, staffing, and resources.
Failure to do so may result in the non-approval of the change.
4.5.d. The WVDE, in collaboration with the WVDHHR, has the responsibility of convening a
committee to review the quality and content of the changes. This committee, designated as the WV Pre-K
Steering Team, is comprised of representatives from the WVDE, WVDHHR, and the Head Start State
Collaboration Office. State collaborative participation on the committee will ensure the maximization of
resources as related to (1) federal and other available funds, and (2) Head Start programs and other public
and private programs approved by the State Superintendent of Schools.
§126-28-5. Eligibility and Enrollment.
5.1. WV Pre-K shall be a voluntary program. Eligible child shall mean any child, regardless of
ability, who is four years old prior to September 1 of the year he/she is to enroll.
5.1.a. Three year old children can be enrolled in the WV Pre-K System if they have an IEP.
Three year olds without IEPs may be present in the collaborative classroom if they qualify under the
community program’s enrollment guidelines. Children may not be excluded based on developmental
delays.
5.1.b. Children who are five years old prior to September 1 shall be enrolled in kindergarten,
instead of WV Pre-K, unless assessment data can determine that kindergarten placement for that child is
not in the child’s best interest. The WV Pre-K Child Assessment System data can be utilized for five year
old children previously enrolled in WV Pre-K; alternative assessment data will be necessary for five year
old children who are new enterers.
5.1.c. A child may remain in the WV Pre-K classroom for longer than one year if the decision is
in the best interest of the child and based on child assessment data.
5.2. Programs will be designed to minimize the number of settings in which a child receives
education and care services. Parent/guardian should be given options to enroll their child in a program
that meets the needs of the family and supports consistency and continuity for the child. Placement shall
not be limited to the local school district in which the child lives if openings are available in participating
programs within that county that better meet the child and family’s needs.
5.3. A county wide universal enrollment process must be established that includes:
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5.3.a. a universal application that includes the necessary information to identify eligibility,
services, and family need for Head Start, childcare, and other community programs, including but not
limited to income identification, residency, childcare needs, and family characteristics;
5.3.b. a universal system for collection and review of universal applications; and
5.3.c. selection criteria and placement processes that are transparent and available to the public.
5.4. All children entering an approved WV Pre-K classroom must have age appropriate
immunizations upon enrollment as defined by the Centers for Disease Control and Prevention (CDC)
Advisory Committee on Immunization Practices (ACIP) and recommended by WVDHHR, children who
are not fully immunized may be provisionally enrolled providing a plan has been developed to assure full
immunization, but may not enter WV Pre-K classrooms until they have received the first dose of each
required vaccine.
5.5. All children entering an approved WV Pre-K classroom should have on file within 45 days of
enrollment or prior to the first day of school attendance a record of a HealthCheck screening, or other
comprehensive health screening comparable to the HealthCheck protocol. All screening forms shall be
signed and dated by the child’s licensed health care provider and completed within the past 12 calendar
months. Counties can retain the right to conduct follow-up screening.
5.6. All children entering an approved WV Pre-K classroom should have on file within 45 days of
enrollment/entry or prior to the first day of school attendance a record of an oral health examination.
5.7. W. Va. Code §16-3D-3 requires that a student found or suspected to have active tuberculosis
shall be temporarily removed from school while his or her case is reviewed and evaluated by his or her
personal physician and the local health officer. Students shall return to school when their personal
physician, and the local health officer, in consultation with the Commissioner for the Bureau of Public
Health (hereinafter, Commissioner), indicates it is safe and appropriate for them to return. School
personnel found or suspected to have active tuberculosis shall have their employment suspended until the
local health officer, in consultation with the Commissioner, approves a return to work. The
Commissioner may require selective testing of students and personnel for tuberculosis when there is
reason to believe that they may have been exposed to the tuberculosis organism or they have signs and
symptoms indicative of the disease. School nurses shall identify and refer any students or school
personnel to the local health department in instances where they have reason to suspect that the individual
has been exposed to tuberculosis or has symptoms indicative of the disease.
§126-28-6. Attendance.
6.1. Enrollment in an approved participating WV Pre-K program is voluntary; however, once the
child is enrolled, attendance must follow W. Va. Code §18-8-1, et seq., which allows the program
administrator (i.e. principal, director, executive director), teacher and parent/guardian to pursue
disenrollment of the child if they concur that requiring further attendance for that school year is not in the
best interest of the child. Once a child is dis-enrolled, re-enrollment is not guaranteed.
6.2. Each county must establish and implement procedures to ensure that the parent/guardian and
other family members, as appropriate, understand the availability of services, the attendance policy and
the benefits of childhood education.
6.3. Each county must establish and implement a provision for working with families whose children
are chronically absent and/or tardy that does not penalize the family for acting in the best interest of the
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child. Provisions for children with documented chronic medical conditions must be included as defined
in W. Va. 126CSR81, WVBE Policy 4110, Attendance.
§126-28-7. Transportation.
7.1. For programs participating in the county collaborative plan, transportation is considered a
support, not a mandated service, unless it is a related service for children with disabilities in accordance
with state and federal requirements. When transportation is provided:
7.1.a. bus drivers are trained in the supervision of young children (in addition to any other staff
development received);
7.1.b. children transported by a school bus who attend a WV Pre-K classroom and are not yet
enrolled in kindergarten will sit in a segregated area of the vehicle with other WV Pre-K children;
7.1.c. staff shall be available to assist children on and off buses at the WV Pre-K site. If a
parent/guardian is unable to meet the bus, there shall be a person designated by the parent/guardian to
assist the child;
7.1.d. bus drivers must inspect the bus at all final drop off points to assure that no children are
left on the bus and these inspections must be charted. A log of daily inspections shall be maintained on
file with the supervisor; and
7.1.e. at each WV Pre-K site where bus transportation is provided, a designated person must
follow-up with the family of any child who is not present or accounted for each day.
§126-28-8. Inclusive Settings.
8.1. County plans will outline the county’s process for providing fully inclusive early childhood
classrooms with appropriate supports for children with identified special education needs. Proximity does
not guarantee inclusion.
8.2. Children with identified special needs must be served in the least restrictive environment which
includes utilizing approved participating partners in WV Pre-K.
8.3. Socioeconomic level, ability, and/or funding streams should not be viewed as deterrents to
providing fully inclusive programs.
8.4. The IEP placement determination identifies the setting where the IEP will be implemented.
Placement decisions must be made consistent with 34 CFR §300.552 that requires:
8.4.a. the student’s placement decision to be made by the student’s IEP Committee;
8.4.b.
IEP; and
the placement be in the least restrictive environment based on and consistent with the
8.4.c. that unless the student’s IEP requires some other setting, the child be educated in the early
childhood setting where the child would have received services if he/she had not been disabled and as
close as possible to his/her home school.
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8.5. Placement in separate settings designed for students with disabilities should only be used when a
child’s IEP cannot be implemented in a less restrictive environment as determined by the IEP team and
documented through multiple formal and informal assessment processes.
§126-28-9. Family Engagement.
9.1. WV Pre-K classrooms must incorporate meaningful ways of communicating with and involving
parent(s)/guardian(s) that includes at a minimum:
9.1.a. opportunities for parents/guardians to participate in decision making about their child’s
education through a minimum of two documented face to face conferences annually with each child’s
parent(s)/guardian(s). Home visits are recommended for these conferences;
9.1.b. documented methods of communicating with parents/guardians such as newsletters, child
activity reports, phone calls, home visits, e-mail and conferences;
9.1.c. services to children and their families necessary to support the child in his/her transition
into, participation in, and transition out of the program;
9.1.d. services for children who come from homes where languages other than English are
spoken, support services including communication that is comprehensible and supportive of both the
native language and English language development are provided;
9.1.e. support services pursuant to W. Va. 126CSR16, WVBE Policy 2419, Regulations for the
Education of Students with Exceptionalities (hereinafter Policy 2419) provided in accordance with the
needs specified in the child’s IEP for preschool children with disabilities who are integrated into the
program; and
9.1.f. classrooms that are open to parents/guardians and where parents/guardians are encouraged
to participate in classroom activities.
§126-28-10. Transitions.
10.1. Each county collaborative early childhood team must have a written plan for transitioning
children into WV Pre-K and out of WV Pre-K into kindergarten. At a minimum the plan will include:
10.1.a. an opportunity for the child and his/her family to visit the setting into which the child is
transitioning;
10.1.b. the provision of written information to parent/guardian as appropriate about WV Pre-K or
kindergarten registration and what to expect in WV Pre-K or kindergarten;
10.1.c. an opportunity for teachers/providers in the WV Pre-K system and the kindergarten
program in that county to meet at least annually to discuss how to facilitate successful transition and
support the reciprocity of readiness practices;
10.1.d. a county system for transferring assessment data, including but not limited to the WV
Pre-K Child Assessment System Kindergarten Transition Report, for each child who has participated in
an eligible program to the kindergarten teacher to assist the kindergarten teacher in identifying areas of
development and areas for growth to meet the individual needs of each child; and
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10.1.e. policies and procedures for the transition of children with IEPs into and out of the WV
Pre-K to ensure compliance with state and federal requirements.
10.2. County collaborative early childhood team transition plans shall utilize best practices for
successful transitions, including the WV Early Childhood Transition Toolkit and the West Virginia
Childhood Transition Checklist Ready, Set, Go! WV School Readiness Framework.
§126-28-11. Meals.
11.1. For children enrolled in a WV Pre-K classroom, at least one meal (breakfast and/or lunch)
must be provided. Any meal provided during the WV Pre-K hours must be in accordance with the
nutrition guidelines set forth in the WVDE National School Lunch Program. Meals in community
programs may include lunch and snack, rather than breakfast and lunch if a classroom’s regular operation
times occur when breakfast is not required. Collaborative pre-k classrooms have the option of following
the meal pattern and serving size requirements for either the Child and Adult Care Food Program or
National School Lunch Program/School Breakfast Program; however, all snacks must meet CACFP meal
pattern and serving size requirements.
11.2.1.d. WV Pre-K programs that are required to serve breakfast and lunch, may choose to serve
a snack during the WV Pre-K day. This decision should be based on the needs of the child and the
number of hours the child is enrolled in the program. Collaborative WV Pre-K programs that participate
in the Child and Adult Care Food Program may claim this snack for federal reimbursement if it meets the
requirements of the program.
11.3.1.a. Meals shall be served in a setting that encourages socialization and self-help skills,
where the children and staff members are seated together when eating, and classroom staff members
provide supervision and encourage positive eating habits and conversation.
11.1.b. Breakfast and lunch must meet the United States Department of Agriculture meal pattern
or nutrient standard menu planning requirements. These meals are to be claimed under the National
School Lunch Program and School Breakfast Program by the county to which the child is enrolled.
11.1.c. The meal(s) served are dependent upon the time the child is attending the program. It
may not be feasible or necessary for students enrolled in a half day program to receive both a breakfast
and a lunch.
11.4.1.e. Special dietary needs shall be provided in accordance with federal guidelines as defined
by the WVDE-Office of Child Nutrition and in W. Va. 126CSR25A, WVBE Policy 2422.7, Standards for
Basic and Specialized Health Care Procedures under oral feeding of student.
§126-28-12. Health and Safety.
12.1. Recognizing that all children within the WV Pre-K System shall be in safe and healthy
environments, and that all of the collaborative partners within the WV Pre-K System have rules and
regulations governing various aspects of their programming, this policy sets forth a core set of common
health and safety standards that must be followed in addition to any existing rules and regulations based
on funding sources for individual programs.
12.2. WV Pre-K classrooms must provide 35 square feet of useable space per child. Classrooms shall
be limited to no more than 20 children with no less than two adults, one of whom is a teacher.
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12.2.a. When children with IEPs are enrolled in the WV Pre-K classroom, ratios shall be met as
set forth in Policy 2419, Section 4.
12.3. The children shall have adequate supervision at all times. When children are on the premises, a
WV Pre-K participating program shall ensure that two adults are present with children. The county shall
establish policies and procedures for ensuring adequate supervision and safety of children.
12.4. A WV Pre-K classroom shall provide appropriate daily opportunities for the children in care to
have supervised practice of brushing teeth while maintaining proper oral health hygiene procedures with
special consideration to technique, replacement of toothbrushes, cross contamination and proper storage.
12.5. A WV Pre-K classroom shall provide the opportunity for children to rest. If the program
operates for more than four hours per day, a regular rest period shall be scheduled and utilized when the
child desires or exhibits the need to rest.
12.5.a. The rest area shall be set up to reduce distraction or disturbances from other activities.
Appropriate sleeping equipment shall be provided by the program. Children are not permitted to sleep on
the floor, in a sleeping bag, or on linens without mats or cots.
12.6. The education and monitoring of communicable diseases during the school year are necessary
to keep students healthy and learning. W. Va. 126CSR51, WVBE Policy 2423, Health Promotion and
Disease Prevention (hereinafter Policy 2423), establishes standards that must be in place for addressing
issues and educating staff, students and families on communicable diseases. The knowledge of
standard/universal precautions, transmission, prevention and treatment of communicable diseases will
enhance health education, prevention, and equality for all.
12.6.a. Children in WV Pre-K classrooms shall be observed by staff daily for changes that may
indicate injury, infestation, fever, or illness. Staff should record any observed changes in the child’s file
and notify the family.
12.6.b. Staff members shall utilize universal precautions when exposed to blood and body fluids
that might contain blood, as specified in Policy 2423.
12.6.c. Staff members and children shall follow best hand washing practices incorporated
throughout the day, including washing with soap and warm, running water for at least 20 seconds. All
WV Pre-K classrooms must incorporate best practices for hand washing and disease prevention measures,
as specified in Policy 2423.
12.7. Basic health care procedures, such as toileting, oral feeding, mobility etc. should be requested
and noted by the parent. Specialized health care procedures shall be prescribed by a medical provider
with parent/guardian permission to be performed under the delegation and management of the certified
school nurse based on W. Va. 126CSR25A, WVBE Policy 2422.7, Standards for Basic and Specialized
Health Care Procedures, and W. Va. 126CSR27, WVBE Policy 2422.8, Medication Administration. This
information should be provided to the WV Pre-K classroom staff through the HealthCheck screening
form or other school health care procedure forms and shared with the school nurse to ensure training,
clarification of medical orders, individualized health care plan development, and coordination of health
care in the WV Pre-K program.
12.8. Due to allergies and the potential dangers associated with having animals in the classroom,
animals can only be in WV Pre-K classroom with prior parent awareness and approval. A WV Pre-K
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classroom shall not have on the premises ferrets, birds, reptiles, including snakes, lizards and turtles, or
any wild or dangerous animals.
12.9. A WV Pre-K classroom shall ensure that products containing potentially hazardous chemicals,
such as identified poisons, medications, certain cleaning supplies, and non toxic art supplies are properly
handled and stored. These items should be stored in a locked cabinet away from food and in their original
containers. These chemicals shall be used according to manufacturers' instructions, and in a manner that
will not contaminate play surfaces or articles.
12.10. A WV Pre-K classroom shall ensure potentially hazardous materials to young children, such
as plastic bags, Styrofoam, or balloons, be stored out of reach of children and utilized with adequate
supervision.
12.11. Student information related to all health and medical conditions and documented on
HealthCheck form or any other comparable information must be treated as confidential information and
be maintained according to The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C.§1232g;
34 CFR Part 99) and in such a manner that no one could view these records without proper authorization
as specified in W. Va.126CSR94, WVBE Policy 4350, Procedures for the Collection, Maintenance and
Disclosure of Student Data. Failure of school personnel to comply with the above rules shall result in
personnel disciplinary actions based on W. Va.126CSR142, WVBE Policy 5310, Performance Evaluation
of School Personnel and W. Va. 126CSR162, and WVBE Policy 5902, Employee Code of Conduct.
12.12. A WV Pre-K program shall implement and maintain policies and procedures for the reporting
of child abuse and neglect that include:
12.12.a. the definition of child abuse and neglect; and
12.12.b. the requirement to report immediately, in accordance with W. Va. Code § 49-6A-1
et seq., any suspected incident of child abuse and neglect to Child Protective Services, or when the staff
member believes that the designated person-in-charge would not or has failed to report the suspected
incident.
§126-28-13. Environmental Design.
13.1. Each WV Pre-K classroom shall provide a minimum of 35 square feet per child of usable
classroom space. A WV Pre-K program shall not provide activity space in a basement area unless the
basement area is approved by the State Fire Marshal.
13.2. The WV Pre-K program shall provide one flush toilet and one lavatory per 15 children,
excluding children in diapers who are not receiving toilet training. Toilets will be easily accessible to the
children and provisions must be made so that children have adequate supervision during toileting.
13.3. A WV Pre-K classroom shall be designed and equipped as a learning environment that supports
the curricular framework and allows children of all abilities to make choices, to discover, to explore, and
to solve problems; while
13.3.a. assuring children’s health and safety;
13.3.b. clearly defining learning centers and incorporating them into the classroom;
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13.3.c. organizing and labeling materials and equipment and making them accessible to all
children;
13.3.d. incorporating non-stereotypical images in all elements of the environment;
13.3.e. supplying a sufficient quantity and variety of appropriate materials;
13.3.f. rotating the availability of materials;
13.3.g. supporting a child’s needs for privacy and a safe place to be alone; and
13.3.h. introducing children to the unfamiliar.
13.4. A WV Pre-K classroom shall provide equipment and materials for indoor activities that are
clearly organized within activity areas that support programming goals and allow for adequate
supervision. Program components must include learning centers, incorporated within the classroom,
designed to support literacy, early numeracy, and language, such as blocks and construction, books,
manipulative materials, science and nature, writing materials, dramatic play and role playing, physical
activity, art, and music.
13.5. A WV Pre-K program shall provide an outdoor activity area that includes a minimum of 75
square feet of space per child, or if the outdoor play area has less than that a WV Pre-K program shall
establish an outdoor play schedule for rotating groups of children to meet the minimum space requirement
and to ensure that each child has an opportunity to play outdoors each day, weather permitting.
13.6. Outdoor activity shall be considered an extension of the classroom. Daily outdoor activity shall
support the implementation of the approved WV Pre-K curriculum and Policy 2520.15. A WV Pre-K
classroom operating more than four hours per day shall provide a minimum of one hour of outdoor
activity daily as a part of the curriculum, weather permitting. Programs operating less than four hours per
day must provide a minimum of 30 minutes of daily outdoor activity, weather permitting. A combination
of indoor and outdoor time may be utilized when weather conditions are conducive.
13.7. A WV Pre-K program shall ensure that the outdoor play area for a child under school age:
13.7.a. is enclosed on all sides by a natural barrier or secure fence that is at least four feet high
with a bottom edge that is less than three and one-half inches from the ground;
13.7.b. if it has a fence, the fence has no openings greater than three and one-half inches;
13.7.c. if it has a natural barrier, the barrier has the strength and density to prevent humans and
animals from entering or exiting the playground;
13.7.d. if it is attached to a building, the barrier or fence provides at least two exits from the
play area, including one exit that is at a distance from the building;
13.7.e. when it has an exit that does not lead directly indoors, it is protected by a gate equipped
with a closure mechanism that is out of the reach of a small child and prevents the child from leaving the
play area, but can be easily opened by an adult; and
13.7.f. has age appropriate equipment to support the curriculum and the children’s development.
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§126-28-14. Child Guidance.
14.1. Staff shall ensure that all guidance, behavior management, and discipline practices are
constructive and educational in nature, appropriate to each child’s age and circumstances, and in keeping
with the WV Pre-K program’s policies and procedures;
14.2. At all times, staff members are responsible for providing positive guidance that is appropriate
to each child’s age, understanding, and circumstances. When a behavior problem arises, qualified staff
members shall:
14.2.a. redirect the child to alternative behavior or other activities;
14.2.b. encourage the child to control his or her own behavior, cooperate with others, and solve
problems by talking through the issues;
14.2.c. speak so the child understands that feelings are acceptable, but inappropriate behaviors
and actions are not; and/or
14.2.d. take action that relates to inappropriate behavior and ensure that any action that is taken is
without bias and in proportion to the child’s act.
14.3. Staff members and other adults in a WV Pre-K classroom shall not handle behavior problems
by:
14.3.a. subjecting a child to physical punishment of any kind;
14.3.b. putting anything in or on a child’s mouth as punishment;
14.3.c. restraining a child physically or by placing the child in confining equipment or using any
other restrictive means such as straps or ties. A staff person may, in extreme circumstances to protect the
child or other persons around him or her, use a gentle method of physically holding the child. The staff
person must be an experienced staff member who is known to the child and shall only restrain the child
for as long as is necessary for the child to regain control;
14.3.d. subjecting a child to psychological punishment of any kind, including but not limited to,
shaming, ridicule, humiliation, or negative remarks about the child or the child’s family, including
remarks about race, gender, religion, or cultural background;
14.3.e. using harsh or profane language, yelling, screaming, or actual or implied threats of
physical punishment;
14.3.f. punishing or threatening a child in association with food, rest, or toilet training;
14.3.g. isolating a child without supervision or placing the child in a dark area;
14.3.h. permitting a child to discipline other children;
14.3.i. punishing an entire group for the actions of one child or a few children;
14.3.j. seeking or accepting parental permission to use physical punishment or other actions
prohibited by this rule; or
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14.3.k. use of any other practice that is not appropriate for the ages/stages of the children or is
harmful psychologically or physically.
§126-28-15. Curriculum and Assessment.
15.1. Curriculum is part of the inter-related approach of using curriculum, assessment, and content
standards and objectives to facilitate the individualization and direction of classroom programming.
15.2. The WV Pre-K classroom must implement Policy 2520.15, which is aligned with Head Start
Early Learning Outcomes Framework and the Next Generation kindergarten content standards and
objectives. The content standards and objectives for programs serving eligible children are written to
reflect a developmental continuum that enhances successful transitions into kindergarten. Utilizing the
formative assessment process, evidence of children’s individual development along the developmental
continuum is used to personalize learning and share progress with families.
15.3. Only comprehensive curricular systems and comprehensive assessment systems that are
included on the approved list shall be used by WV Pre-K classrooms, including classrooms that serve
children with identified special needs. The West Virginia Early Learning Reporting System: Pre-K,
inclusive of the Early Learning Scale, focuses on the formative assessment process which is utilized with
all children enrolled in WV Pre-K programs, as per Policy 2520.15.
15.4. Selection and use of supplemental materials/curricular enhancements that address core content
areas such as language and literacy acquisition or numeracy, must be based on scientifically-based
research and support the philosophy and techniques of the comprehensive curriculum and the
requirements of this section. Guidance provided by the WVDE will provide assistance to county
collaborative early childhood teams regarding the collaborative, local decision making processes
pertaining to supplemental materials/curricula enhancement.
15.4.a. Instructional practices such as worksheets, extended periods of sitting, seat work at desks
or tables, flashcards, prescribed sequence of content, content areas taught in isolation, requiring all
children to be working on the same skill, lack of individualization, or a high level of teacher directed
instruction are not permissible.
15.5. Comprehensive curricular systems are approved following a process similar to the process
established by the WVDE, including preschool special education, for adoption of instructional materials.
The approval process includes review and recommendations from local early childhood stakeholders
across systems and the WV Universal Pre-K Steering Team.
15.6. A comprehensive curriculum system must meet the following standards:
15.6.a. include a philosophy, goals, and objectives based on current knowledge of child
development and learning styles and reflect an understanding of how children learn and develop by:
15.6.a.1. addressing the developmental needs of eligible children through practices that
are consistent with current, nationally recognized, most effective practice;
15.6.a.2. valuing exploration, creativity, and construction as the child’s primary learning
approaches;
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15.6.a.3. engaging children actively in the learning process and providing them with
opportunities to make meaningful choices;
15.6.a.4. responding to individual children’s interest, strengths, and needs based on
ongoing observation and assessment; and
15.6.a.5. supporting children so they view themselves as part of a larger community.
15.6.b. be balanced and designed to achieve the long-range goals for social, emotional, physical,
cognitive, and academic (early literacy, early numeracy, and language) achievement by:
15.6.b.1. incorporating a wide variety of learning experiences, materials and equipment,
and instructional strategies that are responsive to the differences in prior learning experiences, maturation
rates, and learning styles young children bring to the classroom;
15.6.b.2. supporting a balance of large and fine motor activities, quiet and active times,
individual and small and large group activities, child-initiated and adult-initiated activities, planned and
spontaneous activities, and indoor and outdoor opportunities; and
15.6.b.3. addressing the development of knowledge and understanding, processes and
skills, dispositions, and attitudes.
15.6.c. integrate development of all domains, abilities, and content that are relevant, engaging,
and meaningful to young children; by:
15.6.c.1. meeting the developmental continuum contained in the content standards and
objectives for eligible children as prescribed by the WVBE;
15.6.c.2. building on what children already know in order to consolidate their learning
and foster the acquisition of new concepts and skills;
15.6.c.3. reflecting the needs and interests of individual children in the group by
including the immediate environment and world with which the children are acquainted;
15.6.c.4. supporting integration of curriculum content through use of various forms of
documentation (such as themes, projects, key experiences, or webs); and
15.6.c.5. including materials and activities that reflect a variety of cultures, languages,
ages, abilities, and beliefs.
15.6.d. emphasize the development of thinking, reasoning, and problem-solving skills through
strategies such as open-ended questions, investigation, imaginative and dramatic play, and peer
interactions;
15.6.e. promote flexibility and adaptation to unique needs of children and families where
ongoing observation and assessment are used to determine appropriate planning and adaptations for
varied learning styles, temperaments, abilities, and languages or modes of communication; by:
15.6.e.1. integrating curriculum and the formative assessment process to benefit the
child; and
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15.6.e.2. making opportunities for all children, regardless of ability, to participate in all
activities through appropriate adaptations or modifications of activities, assistive technology, materials
and/or learning environments.
15.6.f. support the importance of learning during routine times of the day and meeting the
physiological needs of children; by:
15.6.f.1.
promoting consistency in schedules and routines and facilitating smooth
transitions;
15.6.f.2. supporting continuity between home and school;
15.6.f.3. encouraging children’s participation in routines to develop responsibility and
independence;
15.6.f.4. recognizing the integral role of adults during routine times;
15.6.f.5. allowing for flexibility and adaptations for individual children;
15.6.f.6. supporting positive health and nutrition practices; and
15.6.f.7. providing daily opportunities for children to rest in an area set up to reduce
distraction or disturbance from other activities.
15.6.g. promote, through a variety of strategies, the essential role of families as partners in
planning and implementing their child’s care and education;
15.6.h. emphasize the value of social interaction to learning in all domains and promote frequent,
responsive, respectful interactions between children, staff and children, and staff and families;
15.6.i. recognize the role of children’s psychological safety in learning and include guidance
techniques that support children;
15.6.j. promote the use of developmentally appropriate curriculum and formative assessment
principles to determine how technology is incorporated into the classroom environment as a resource,
rather than a substitute, for effective teaching or quality curriculum.
15.7. When a WV Pre-K classroom plans an activity that involves active media, the center shall
ensure that:
15.7.a. the active media supplements but does not replace traditional early childhood materials or
experiences;
15.7.b. a child has a choice of other activities and materials;
15.7.c. staff members are available to support the activity by discussing the use of the active
media with the child;
15.7.d. Active media chosen is developmentally appropriate and supports creative play and
learning.
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15.7.e Screen time, whether through active or passive media, should be limited.
15.8. If passive media is used, a WV Pre-K classroom shall ensure that:
15.8.a. passive media is not routinely part of the daily schedule;
15.8.b. that staff members are available to support the use of it by discussing what is viewed with
the child; and
15.8.c. the contents of passive media are developmentally appropriate and designed to benefit the
child, with limited viewing time and the child who does not wish to watch has a choice of other activities.
15.9. In classrooms where specialists are incorporated into daily routines, environments and
experiences must be reflective of the approved county adopted comprehensive curricular system and
support integration of Policy 2520.15.
15.10. The West Virginia Early Learning Reporting System: Pre-K focuses on the formative
assessment process which is utilized with all children enrolled in WV Pre-K programs, per Policy
2520.15. The assessment system is designed to inform classroom instruction, assist with integration of
personalized learning, and to foster interactions, competencies, experiences, and skills of children
participating in WV Pre-K programs through appropriate measures. Comprehensive assessment systems
must address how the curriculum:
15.10.a. supports the whole child across multiple learning domains as he or she progresses
developmentally;
15..10.b.
experiences;
supports family engagement and relationships with their children’s educational
15. 10.c. demonstrates the child’s overall strengths and progress;
15..10.d. encourages self-evaluation by the child;
15..10.e. relies on demonstrated performance of real, not contrived, activities;
15..10.f. utilizes a variety of tools and processes;
15..10.g. allows for differences in learning style and rate; and
15..10.h. provides a comprehensive reporting system on individual children’s accomplishments,
as well as aggregated data to inform classroom, site or district decision making.
15..11. Time shall be set aside for joint planning by the teacher, co-teacher and/or other personnel
working with the children.
§126-28-16. Personnel.
16.1. Teacher Credentials
16.1.a. Teachers employed in a WV Pre-K classroom and hired by the county board of education
must hold an appropriate license issued by the WVDE.
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16.1. b. To fully maximize resources, community partners may choose to hire their own personnel
for the WV Pre-K collaborative classroom. Teachers employed in a WV Pre-K classroom operated by a
community program may hold a Professional Teaching Certificate endorsed in Early Education,
Preschool Education, or Preschool Special Needs; OR
16.1.c. When no fully certified teacher is available within or for hire by the community
program, the person employed by a community program shall hold the minimum of a bachelor’s degree in
child development, early childhood, or occupational development with an emphasis in child
development/early childhood, have a minimum overall grade point average of 2.5 for all
college/university coursework attempted, and meet the requirements specified in W. Va. 126CSR136,
WVBE Policy 5202, Minimum Qualifications for the Licensure of Professional/Paraprofessional
Personnel and Advanced Salary Classifications (hereinafter Policy 5202), Section 11., for the Permanent
Authorization, endorsed for Community Programs; OR
16.1.d. When no fully certified teacher or individual eligible for the Permanent Authorization
endorsed for Community Programs is available within or for hire by the community program, the newly
hired person employed by the community program shall hold the minimum of a bachelor’s degree in child
development, early childhood, or occupational development with an emphasis in child development/early
childhood, have a minimum overall grade point average of 2.5 for all college/university coursework
attempted, and meet additional requirements to be eligible for a Temporary Authorization for Community
Programs as specified in Policy 5202, Section 11.
16.2. Early Childhood Classroom Assistant Teacher Authorization
16.2.a. Any person previously employed and newly employed as an aid/assistant in a WV Pre-K
classroom (refer to W. Va. Code §18-5-44m), including those employed by the county board of education
and collaborating Head Start and child care programs, shall hold the position of either Early Childhood
Classroom Assistant Teacher Temporary Authorization or Early Childhood Classroom Assistant Teacher
Permanent Authorization, as specified in Policy 5202, Section 12.
16.2.b. Conditions of the initial Early Childhood Classroom Assistant Teacher-Temporary
Authorization:
16.2.b.1. The applicant for authorization must hold a minimum of a high school diploma,
GED, or degree if applicable, through an accredited institution of higher education as defined in Policy
5202, Section 4.
16.2.b.2. Submission of commitment, verifying the applicant’s agreement to complete
coursework, approved by the WVDE, in the areas of preschool special education, child development, and
early childhood language and literacy as defined in Policy 5202, Section 12.
16.2.b.3. Applicants employed by the county board of education must meet the formal state
academic assessment requirements as defined in Policy 5202, pursuant to W. Va. Code §18-A-4-8e., or
hold a valid or expired Initial Professional or Professional Teaching Certificate or its equivalent, as a
condition of hire. Applicants employed by a collaborating child care or Head Start program are not
required to meet the formal state academic assessment requirements.
16.2.b.4. Complete the application process for Early Childhood Classroom Assistant Teacher
Authorization as described in Policy 5202, Section 12.
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16.2.b.5. Applicants must select an authorization pathway when completing the initial Early
Childhood Classroom Assistant Teacher-Temporary Authorization. Authorization pathways include
Child Development Associate (CDA), West Virginia Apprenticeship for Child Development Specialists
(ACDS), or WVDE approved course work.
16.2.c. Conditions for Renewal of the Early Childhood Classroom Assistant Teacher-Temporary
Authorization:
16.2.c.1. The initial Early Childhood Classroom Assistant Teacher-Temporary Authorization
is valid for one school year and may be renewed twice in accordance with WVBE Policy 5202, Section
12.
16.2.c.2. Any Early Childhood Classroom Assistant Teachers employed in a WV Pre-K
classroom collaborating with Head Start must complete required coursework of the Early Childhood
Classroom Assistant Teacher authorization pathway within two years upon hire in accordance with Head
Start regulation.
16.2.d. Conditions of the Early Childhood Classroom Assistant Teacher-Permanent
Authorization:
16.2.d.1. A First-time applicant for Early Childhood Classroom Assistant Teacher-Permanent
Authorization must be currently employed as an Early Childhood Classroom Assistant Teacher, must
provide verification of state competency exam for applicants employed by a county board of education,
and must hold a minimum of a high school diploma, General Education Development (GED)/Test
Assessing Secondary Completion (TASC), or degree if applicable, through an accredited institution of
higher education as defined in Policy 5202, Section 4.; and
16.2.d.2. Demonstrate completion of the minimum coursework requirements to meet or exceed
the requirements for a child development associate. Equivalency is determined as the Child Development
Associate (CDA), West Virginia Apprenticeship for Child Development Specialists (ACDS), or WVDE
approved course work.
16.2.e. Any person employed as an aide in a WV Pre-K classroom on or before July 1, 2014
and is eligible for full retirement benefits before July 1, 2020, may remain employed as an aide in that
position and, upon application, shall be granted an Early Childhood Classroom Assistant Teacher
Permanent Authorization. Any Early Childhood Classroom Assistant Teacher employed in a
collaborative setting with Head Start must complete coursework required to obtain permanent
authorization in accordance with Head Start regulations.
§126-28-17. Staff Training.
17.1. An orientation for new staff in a WV Pre-K classroom will be provided within the first 30 days
of employment that includes a review of: Policies 2525 and 2520.15; classroom operational
requirements; policies and procedures for confidentiality and information disclosure; behavior
management; reporting child abuse and neglect and emergencies; policies and procedures for basic
sanitation and infection control; policies and procedures for safety; including prevention of injury both
indoors and outdoors; and fire safety; including the use of fire extinguishers; and training in abuse
recognition and prevention. Existing staff members shall be knowledgeable of the above policies and
procedures.
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17.1.a. Staff, volunteers and student teachers shall follow the required communicable disease
educational in-services, tuberculosis skin testing for new employees and W. Va. 64CSR7, WVDHHR
Reportable Disease, Events and Conditions Rule.
17.2. All county WV Pre-K staff, including teachers and teacher assistants/aides/paraprofessionals,
shall participate in 15 hours of staff development annually, based on needs determined in the county
continuous quality improvement process. The county collaborative early childhood team should utilize
county program assessment data, along with other professional development needs assessment data and
the West Virginia Core Knowledge and Competencies for Early Care and Education Professionals when
developing WV Pre-K staff development plans.
17.3. Professional development information shall be made available to collaborative partners to
facilitate the registration of training sessions on the West Virginia State Training and Registry System
(WV STARS) for collaborative program staff.
§126-28-18. Program Assessment and Continuous Quality Improvement.
18.1. County collaborative early childhood teams will develop and maintain a continuous quality
improvement process, (hereinafter CQI Process), which includes an annual plan for collecting and
analyzing program assessment data to establish school readiness goals, assuring children have the best
available resources prior to entering first grade. The continuous quality improvement process must
include annual results from county aggregated child outcome and classroom observation data to
determine staff development planning and recommendations and objectives for county strategic plans.
18.2. The West Virginia Universal Pre-K Health and Safety Checklist must be completed annually in
each WV Pre-K classroom within the first forty-five days of school for students, as part of the CQI
process. Results from each West Virginia Universal Pre-K Health and Safety Checklist must be
electronically housed in an online platform provided by the WVDE. Other observational measurement
tools are to be utilized as data sources for the CQI process. Guidance is provided by the WVDE through
the Continuous Quality Improvement Process Guidance document to assist in the selection and use of
additional observational measurements.
18.2. The county board of education, in collaboration with county collaborative partners, is required
to submit WV Pre-K program data to the WVDE Office of Early Learning annually. The WVDE Office
of Early Learning will compile the information and provide a summary report to the Secretary of
WVDHHR and the State Superintendent of Schools. The WV Pre-K program data will include at a
minimum:
18.2.a. program data verification, including classroom information, submitted annually by
September 1 October 15;
18.2.b. a comprehensive WV Pre-K fiscal report submitted annually by September 1 October 15;
and
18.2.c. verification of the annual collaborative contracts and budgets signed and filed at the local
county board of education, noting collaborative WV Pre-K classrooms for the upcoming school year to
continue to document maximization of resources through the collaborative model, submitted prior to the
first day of children’s attendance;
18.3. The WVDE, in collaboration with the WVDHHR and Head Start State Collaboration Office,
will conduct a WV Pre-K Program Review at a minimum of once every three years.
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18.3.a. The program review will consist of a desk top review, site-visits, and county collaborative
team interviews. The purpose of the program review is to ensure counties continue to implement WV
Universal Pre-K programs in alignment to policy and assist with each county’s continuous quality
improvement process within the comprehensive collaborative model. The program review will provide
individualized technical assistance to county collaborative early childhood teams. The WVDE will
provide guidance and procedures for completion of the program review.
18.3.b. A summary of the WV Pre-K Program Reviews will be provided annually to the WVBE.
18.4. The WVDE shall develop and institute a system of longitudinal, scientifically based research to
track learner outcomes, family satisfaction, program continuity, and related variables in order to evaluate
program impact, as funds become available. The system shall be designed in such a way to be of benefit
on both the county and state level and improve the quality of programming available for eligible children.
§126-28-19. Finance.
19.1. Each county board of education shall enroll WV Pre-K children in community classrooms and
generate funding through the school aid funding formula. Funding generated through community
classrooms should be invested into those programs providing quality early education services and local
infrastructure to support WV Pre-K classrooms. Guidance is provided by the WV Pre-K Steering Team
on collaborating with community programs and includes information on funding, contracts, and budgets.
19.2. The county board of education shall provide sufficient assistance/funding to a collaborative
community partner to enable the partner to offer services that meet this policy at no cost to parents and at
no deficit to the program. In calculating costs and resources, the county collaborative team should
consider a number of issues and costs, such as personnel, facilities, materials and equipment, curriculum,
needed improvements, and professional development.
19.3. WV Pre-K classrooms that provide services to eligible children who can be counted in the
school aid funding formula, must provide those services at no cost to the parent/guardian of the children.
Support for community programs to offer free public education shall be a part of the contract between the
community partner and county board of education.
19.3.a. In childcare, WV Pre-K is an enhancement to the regular program during the designated
WV Pre-K hours. Since WV Pre-K under this policy is part of a free public education, parents/guardians
shall only be charged for those hours outside the WV Pre-K designated time.
19.4. In addition to the resources provided to a WV Pre-K collaborative program, community
programs participating as partners shall continue using federal and state funding available for these
services such as Head Start and Childcare Development Fund monies supporting eligible children.
§126-28-20. Program Oversight.
20.1. County boards of education have direct responsibility for all WV Pre-K classrooms in their
county. Local program oversight for contracted community programs must be defined in the contracts
between the community program and the county board of education. These include, but are not limited
to, staff evaluation and discipline, which must be specified within collaborative agreements of each
participating WV Pre-K program.
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20.2. Classrooms in public schools will be monitored as a part of the WVBE Office of Education
Performance Audits accountability system in addition to daily supervision by county and school level
administrators to assure all health and safety requirements are met. Collaborative Head Start classrooms
will also be monitored for compliance with the Head Start Performance Standards in partnership with
local and federal Head Start personnel. Classrooms operated by or in collaboration with licensed
childcare will be licensed under W. Va.§78CSR1, WVDHHR Childcare Center Licensing.
20.3. The WVBE or its designee and the Secretary of the WVDHHR or his/her designee will maintain
state oversight.
§126-28-21. Glossary.
21.1. Active media means materials that the child can control while participating in an activity such as
taking pictures with cameras, making audio or video tapes, playing video games, or working on a
computer.
21.2. Adequate supervision means the observation, oversight, and guidance of the individual child or
groups of children by the staff member taking responsibility for the ongoing activity of each child so that
the staff member is close enough to intervene, if necessary, to protect the child from harm. Adequate
supervision requires the staff member’s physical presence with the children, knowledge of the child’s
program of activities, individual needs, habits, interests and special problems, if any, and the acceptance
of accountability for the child’s or groups of children’s care.
21.3. Approved funding sources means any funds used directly to support WV Pre-K
classrooms for eligible children including West Virginia State Aid Funding Formula, Head Start funds,
Temporary Assistance to Needy Families, Childcare Development Funds, funds under the Elementary and
Secondary Education Act (No Child Left Behind), funds provided by the School Building Authority of
West Virginia, funds under the Public Law 108-446, Individuals with Disabilities Education
Improvement Act of 2004, and any other private or public funds.
21.4. Approved WV Pre-K participating programs includes public school preschool, including
preschool special education, and any community provider that contracts with the county board of
education including, but not limited to, childcare, private preschool, Head Start, and community-based
programs that meet or exceed all of the requirements of this policy and are a part of a county’s
collaborative plan. Children participating in approved WV Pre-K participating programs can be counted
in the school aid funding formula and the participating programs are eligible to receive funds through
contractual agreements with or direct administration by the county school system.
21.5. Collaborative setting means a classroom of WV Pre-K children operated jointly by a
community program and county board of education or by a community program with resource support
from the state through the county board of education.
21.6. Continuous Quality Improvement Process is the ongoing program assessment process
implemented by county teams utilizing classroom observations and aggregated child outcome data to
make informed decisions for program improvement.
21.7. Contracted community program shall mean any provider of early childhood services that meets
all of the requirements of this policy and has a contractual agreement with the county school system to
operate a WV Pre-K classroom.
21.8. Core knowledge and core competencies for early care and education professionals shall mean
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the sets of skills and knowledge that represent common standards of satisfactory practice in the early
childhood field as defined in West Virginia State Training And Registry System (hereinafter WV
STARS) Core Knowledge and Core Competencies for Early Care and Education Professionals.
21.9. County collaborative plan means the plan each county school board, in cooperation with the
county collaborative team, submitted annually in preparation for WV Pre-K implementation. The plan
includes an analysis of facility and personnel needs, an analysis of demographics of the county related to
the early childhood program implementation, financial requirements for implementation and potential
sources of funding to assist implementation, details of how the county board will cooperate and
collaborate with other early childhood programs, specific timelines for implementation, and any other
requirements of this policy. Each approved county collaborative plan is amended as needed after
2012-13.
21.10. Developmentally appropriate means early childhood programming, curricula, and activities
that address the stages of each child’s cognitive, physical, social/emotional, and cultural development and
utilizes a balanced approach of both child initiated and teacher directed instruction. Children should be
actively engaged in hands-on, interactive activities for learning for a substantial portion of the day.
21.11. Direct supervision means that a qualified staff member is physically present in the same room,
area, or vehicle with the child or group of children, visually monitoring the interactions of the children.
21.12. Full-day WV Pre-K is an instructional day with a minimum of 300 minutes of instruction,
inclusive of all required elements of the daily schedule.
21.1312. HealthCheck is the screening/surveillance protocol recommended for the licensed health
care providers to be used for all children entering WV Pre-K. HealthCheck meets the requirements for
vision, hearing, developmental, including speech and language, and oral health. The HealthCheck
screening form is the preferred documentation method of licensed health care providers to record
screenings.
21.1413. Passive media means materials the child cannot control while participating in an activity
such as watching television, films, or DVDs.
21.1514. School readiness goals are programmatic goals based on data collection and analysis over
time as part of the continuous quality improvement process to support the growth and development of
children.
21.1615. Staff: child ratio means a relationship which describes the number of children qualified staff
members or substitutes are permitted to supervise.
21.1716. Staff member means any paid personnel, including substitutes.
21.18. Teacher caseloads means the total number of children a teacher in a WV Pre-K classroom is
responsible for teaching and assessing each year.
21.1917. Universal access shall mean that every eligible child in the county has access to a high
quality WV Pre-K classroom that meets or exceeds all of the requirements of this policy.
21.2018. Universal application means an enrollment form that must be used for all classrooms
identified as part of the county’s WV Pre-K system to determine placement and enrollment of eligible
children.
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21.2119. Universal precautions means procedures to be followed for infection control in all situations
to prevent the transmission of blood borne germs that may be spread through blood or body fluids that
might contain blood.
21.20. West Virginia Universal Pre-K Instructional Day is the duration of time that pre-k children are
present at school. This includes all required elements of the daily schedule.
21.2221. West Virginia Community Program Permanent Authorization is a credential requiring
teachers in early childhood community programs to have earned an Associate’s degree prior to August 1,
2013, or a Bachelor’s degree in early childhood, child development, or occupational development with an
emphasis in early childhood/child development and 18 hours of prescribed college or college equivalent
early childhood coursework.
§126-28-22. Severability.
22.1. If any provision of this rule or the application thereof to any person or circumstance is held
invalid, such invalidity shall not affect other provisions or applications of this rule.
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POLICY 2525: West Virginia’s Universal Access to a Quality Early Education System
COMMENT PERIOD ENDS:
COMMENT RESPONSE FORM
NOTICE: Comments, as submitted, shall be filed with the West Virginia Secretary of
State's Office and open for public inspection and copying for a period of not less than five
years.
The following form is provided to assist those who choose to comment on Policy ####: (Name of
Policy). Additional sheets may be attached, if necessary.
Name: _____________________________ Organization: _____________________________
Title: _______________________________________________________________________
City: ____________________________________________
State: ____________________
Please check the box below that best describes your role.
□ School System Superintendent
□ Principal
□ Professional Support Staff
□ School System Staff
□ Teacher
□ Service Personnel
COMMENTS/SUGGESTIONS
§126-28-4. County Collaborative Early Childhood Team
§126-28-10. Transitions.
□ Parent/Family
□ Business/Industry
□ Community Member
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§126-28-11. Meals.
§126-28-18. Program Assessment and Continuous Quality Improvement.
§126-28-21. Glossary.
Please direct all comments to:
Janet Bock-Hager, Coordinator
Office of Early Learning
West Virginia Department of Education
Capitol Building 6, Room 603
1900 Kanawha Boulevard, East
Charleston, West Virginia 25305-0330
E-Mail Address: jbockhager@k12.wv.us
Fax No.: (304) 558-9994.